Mine Surveying and The Law
Mine Surveying and The Law
technical
Mine surveying and
the law: A changing landscape
by Fred Cawood, Associate Professor, School of Mining Engineering, University of the Witwatersrand
Mine surveyors face a continuous challenge of adapting and applying changing technologies to the mining
environment. In addition, the legal framework within which mine surveyors operate today is very different to
that of ten years ago.
I
n his article in the Nov/Dec edition objective of this article is to explain the fundamentally changed over time,
of PositionIT, David Ives [1] opened impact of the new legal framework for technology and the laws that govern
his exposition with “Right now, mining on the role of the South African the profession have changed and will
there are a number of technology mega mine surveyors today. continue to change.
trends that are reshaping the future of
The legal implications on mine A recent publication [4] on the role of
business and society.” He continued,
surveying were already established the coal mine surveyor highlights the
“This is having profound implications
in the medieval times. Agricola [3] rules and principles governing the mine
for the way we live and work.”
discussed the role of the mine surveyor surveying profession today.
The heading of the very next article in great detail in 1556 and he listed
The legal impact is substantial and this
[2], “Paradigm shift in navigation lease surveys, position surveys, and
article explains the most important
industry”, also points to a changing the provision of evidence for the
pieces of legislation to mine surveyors,
landscape driven by technology. Against settling of boundary disputes as key
namely the Mine Health and Safety
this background, mine surveyors face activities of mine surveyors.
Act and the Mineral and Petroleum
a continuous challenge of adapting and
Today, accurate mine plans are still Resources Development Act, together
applying changing technologies to the
essential for the health and safety of with the relevant secondary legislation.
mining environment. Ives’ observations
mine workers and those members of
are, therefore, particularly appropriate. The Mine Health and Safety Act
the public living in close proximity to
In addition to technological innovations, mines. For multiple-level underground (MHSA) 29 of 1996
the legal framework within which mines, surveying involves the The MHSA became effective on 15
mine surveyors operate today is correlation, duplication and linkage January 1997 and replaced the
fundamentally different to that of ten of the surface survey and mapping long-standing Mines and Works
years ago. The law affects the way in system with each underground level Regulations 27 of 1956. Although
which mine surveyors collect, process, to a high degree of accuracy. Although relatively new, the Act had undergone
present, and report survey results. The the role of the mine surveyor has not substantial amendment. All the
chapters of the Regulations to the
MHSA have not yet been promulgated,
which means that the effective sections
of the Mines and Works Regulations
that were incorporated into the
Regulations of the already repealed
Minerals Act 50 of 1991 were again
reincorporated as an interim measure
into the Regulations of the MHSA.
In addition to the Regulations, the
Statutes include a detailed check-list of
questions on each Chapter of the MHSA
to assist mine staff in establishing
compliance with all provisions.
Despite the fact that the employer has Chapter 17 of the Regulations Fig. 2: Mine surveyor measuring from a roof
overall responsibility in terms of the deals with the statutory duties of peg.
Act, Section 22 states that employees mine surveyors with respect to
must take reasonable care of their own the appointment of the competent
health and safety and others affected surveyor; general practice relating plans, rehabilitation design plans,
by their actions. This responsibility to accuracy and standards for field infrastructure plans and check survey
includes the right to leave a dangerous surveys, map projection and survey plans.
working place. systems, processing of survey data and
mapping at mines; safety precautions, Mine surveyors must also give input to
Enforcement is through the the compilation and implementation of
procedures and reporting of risks
empowerment of an inspectorate of COP. In this regard, they are involved
requiring survey input; detailed
mine health and safety to conduct with the installation and management
requirements for the compilation,
inspections, investigations, inquiries and of monitoring systems designed to
updating and submission of statutory
give instructions to employers and mine combat rock falls. Another COP which
mine plans and departmental copies;
staff. Section 86 of the MHSA states
and the survey issues relating to mine requires survey input is that for the
that, “Any person who, by a negligent
closure. ingress of water into mine workings.
act or by a negligent omission, causes
It is also standard practice to have a
serious injury or serious illness to a All physical survey measurements that stand-alone survey COP with detailed
person at a mine, commits an offence…” are taken or observed in the workplace operating procedures to guide all
Contravention or non-compliance with need to be processed in one way or survey duties on a particular mine.
the MHSA may result in fines imposed another. Most of the measurements
required for the survey function on a Another important duty is to observe
on employers by the regional Principal
mine require error propagation and the mine plans for the identification
Inspectors of Mines. Serious cases may
calculation of accurate coordinates of risks, such as subsidence, collapse
be referred to the Attorney-General
for criminal or civil proceedings. In and heights in relation to the survey of surface buildings and structures
addition to the authority of the Principal datum. Health and safety survey resulting from the removal of
Inspectors of Mines, the minister may measurements, such as monitoring support, and risks related to mining
declare health hazards, prohibit or pillar over- or undermining, require in the proximity of other underground
restrict work for any reason relating additional calculations, such as workings. To ensure that the surveyor
to health, safety and the environment. safety factors, extraction factors and knows which parts of the mine to
This provision for closing a mine for width-to-height ratios. Coordinates and monitor, the MHSA requires the
health and safety reasons was exercised elevations are also the base data for employer to notify the surveyor
on several occasions in 2007 when further processing of areas, volumes appointed as competent person of
mine accidents resulted in the death of and mineral reserve reconciliations. all working mining faces, surface
employees. structures affected by mining, workings
As is the case with data processing,
being abandoned and safety pillars that
In terms of the MHSA mine surveyors, mapping is normally done electronically
are being or have been removed.
as employees, must assist employers using specialised mapping software.
with general health and safety The mapping duties include the Once aware of these events, it is
matters required for ensuring safe updating of statutory maps, other the mine surveyor’s responsibility
operations. The relevance for the plans and sections as required by the to implement effective compliance
competent mine surveyor becomes MHSA (e.g. mine rescue and ventilation systems and report hazards, risks and
more evident from the Regulations. plans), the compilation of reticulation any non-compliance to management.
A final international influence is the and measures to continue to add value to [2] Jentro Technologies: Paradigm Shift
requirement for additional reports and their employing or client companies. in Navigation Industry, PositionIT,
recordkeeping when the mine has ISO Nov/Dec 2007, p. 11.
The role of the mine surveyor is [3] G Agricola: De Re Metallica (as
9000 accreditation. ISO compliance
not only of a technical nature. Both translated by HC Hoover and
makes it easier to comply with the legal
the MHSA and the MPRDA require LH Hoover), From the first Latin
framework because of the overlaps in Edition of 1556 in 1950, Denver
reporting measurements far in
the requirements and the fact that ISO Publications, New York, 1950.
excess of their predecessors. These
currently describes international leading [4] FT Cawood and WJA Richards: A
requirements leave the profession
practice. Review of the Coal Mine Surveyor in
and providers of education with a South Africa, South African Institute
Conclusion specific challenge: First, to deepen the of Mining and Metallurgy, Vol. 107
understanding of the application and No. 2, pp. 109 – 114, Johannesburg,
This article demonstrates that, as in South Africa, February 2007.
impact of the new legal framework
the past and now in the present, the
on the role of the mine surveyor; [5] Government Gazette 26963 of 12
future role of the mine surveyor will be November 2004.
second, to anticipate future business
principally driven by legal requirements.
risks to their employing companies [6] Regulation Gazette No 7965 Vol
Along with society, the legal framework 467, 14/05/2004 No 26352.
or clients and thereby add value
is still evolving. It is, therefore, essential
to the greater business; and third, [7] The South African Council for
for mine surveyors to know the legal Professional and Technical
framework that affects them. to improve reporting skills so that
Surveyors.
survey communications effectively
The mine surveyor has a particular [8] See requirements of (PLATO) Act 40
demonstrate compliance with the law. of 1984, as amended.
challenge to keep current with
qualifications and applied technologies. A References Contact Frederick Cawood, University
measure of their contribution is the extent [1] D Ives: Trends, Innovation and of the Witwatersrand,
to which they adapt to the changing Skills Development in South Africa, Tel 011 717-7418,
landscape and implement new systems PositionIT, Nov/Dec, 2007, p. 9. [email protected]